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Nomination procedures

By: Language: English Series: Contract Journal ; 430(6546) 12 October 2005, 24(1)Publication details: 2005Subject(s): Summary: Discusses the case of "Palmac Contracting Ltd v Park Lane Estates Ltd" ([2005] EWHC 919 (TCC), L129768) in which Park Lane argued that an adjudicator lacked jurisdiction because Palmac had applied to the RICS for his nomination before notice of adjudication had been served, contrary to the terms of the contract between the parties. The court looked at the provisions for adjudication in the contract, which referred to JCT WCD 98 cl39A, which provides that the application for nomination and appointment of an adjudicator may precede serving of a notice of adjudication. Palmac's argument that the clause merely sets out a procedure for the appointment of an adjudicator was accepted. The clause does not stipulate that notice of adjudication must precede an application for nomination. In contrast, the provisions of the Scheme for Construction Contracts (England and Wales) Regulations 1998, expressly provide for notice to be served before application for appointment.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article L131312 (Browse shelf(Opens below)) 1 Available 131312-1001

Discusses the case of "Palmac Contracting Ltd v Park Lane Estates Ltd" ([2005] EWHC 919 (TCC), L129768) in which Park Lane argued that an adjudicator lacked jurisdiction because Palmac had applied to the RICS for his nomination before notice of adjudication had been served, contrary to the terms of the contract between the parties. The court looked at the provisions for adjudication in the contract, which referred to JCT WCD 98 cl39A, which provides that the application for nomination and appointment of an adjudicator may precede serving of a notice of adjudication. Palmac's argument that the clause merely sets out a procedure for the appointment of an adjudicator was accepted. The clause does not stipulate that notice of adjudication must precede an application for nomination. In contrast, the provisions of the Scheme for Construction Contracts (England and Wales) Regulations 1998, expressly provide for notice to be served before application for appointment.